Court : Central Administrative Tribunal CAT Ernakulam
..... we have considered his case and we have also seen that the applicant has got 28 years of service, out of which he was outside his native state for more than 20 years and recently he was transferred from calcutta to cochin in ins venduruthy. ..... in the above circumstances, considering his entire past service which he had outside his native state, it is only proper for the respondents especially respondent no. ..... the case of the applicant is that the applicant, who is a native of orissa, was initially appointed as civilian education instructor in the office of the commanding officer, ins chilka in the state of orissa on 1st november, 1980. ..... however, without considering the legitimate expectation of the applicant to get a transfer to his native place, the applicant was transferred to cochin on 18.12.2007. ..... in the reply statement, the respondents have stated that the applicant has already filed o.a. ..... shankar rao, ceo in his native place visakhapatnam, though there were no vacancies of ceos either at mumbai or vishakhapatnam. ..... the applicant has two daughters of marriageable age and his wife is employed in the state government of orissa. ..... it is the case of the applicant that he has to retire on 31st march 2012 and as his wife is employed in the state govt. ..... it is further stated in the rejoinder that the respondents have posted sri k.p. ..... it is further stated that now there is no vacancy of ceo at ins chilka to accommodate the applicant as one n.c. .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Ernakulam
..... counsel for the applicant submitted that the applicant has lost her 16 years' seniority in the armed forces headquarters civil services for a shift to her native place and it hardly a few years since she had come down here, when she is shifted out of the native state. ..... in the meantime, the respondents shall verify as to whether any other person holding the same post as the applicant has higher station seniority (on the basis of kerala state as a single station) and if so, the matter may be placed before the principal controller of defence accounts (navy), mumbai (respondent no. ..... the applicant has filed her rejoinder, in which it has been stated that contention that kerala is treated as one station is absolutely false. ..... 2, all the field offices wherein individuals below 56 years of age have been serving in kerala state since 31-12-2000 were alerted for their ex-kerala transfer. ..... counsel for the respondents has stated that the applicant's move is on the basis of station seniority and as such, on the basis of the general rule that transfer is an incidence of service and condition of service and the employer has the discretion to transfer within ..... varadha rao vs state of karnataka, 1986 (4) scc 131) 8. ..... if it were one state, there would not have been classification of such stations as a1, b1, b2, c1, etc. .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Ernakulam
..... though the counsel for the respondents has submitted that there are a number of individuals who are posted to far off places and on completion of their tenure there, are eagerly waiting to return to their native state, the fact remains that posting of females to far off places should as far as possible be avoided, especially, if vacancies are available in the nearby places and if no preferential individual (like seeking transfer after tenure posting) is in the ..... the applicant has filed the rejoinder in which she has stated that applicant's station senior, one shri harilal je (qs and c), who filed oa no. ..... they have also stated that the applicant's main intention was to remain at kochi till the end of the academic session which ends in march, 2012 and as such she has to move out. 6. ..... as stated in the counter and additional reply, posting to nearby place is not possible for the following reasons:- (a) two of the three stations are tenure stations and under the cml posting policy, transfer to tenure station is .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Ernakulam
..... ,-- (8) central government shall (a) * * * (b) in relation to anything done or to be done after the commencement of the constitution, mean the president; and shall include (i) in relation to functions entrusted under clause (1) of article 258 of the constitution to the government of a state, the state government acting within the scope of the authority given to it under that clause; * * * (iii) in relation to the administration of a union territory, the administrator thereof acting within the scope of the authority given to him under article ..... the result is acute shortage of employment opportunities for even the very little number of qualified local candidates.unlike the citizens of mainland, who can cross the state borders with comparative ease due to the advancement of transportation and communication, a candidate from the islands find it extremely difficult to travel and take employment outside. 8. ..... (b) whether the stipulation "local candidates" in the notification is to be held as unconstitutional as it is alleged to mean 100% reservation to the scheduled tribes since 90% of the natives of lakshadweep islands belong to scheduled tribes and as per the government orders, as also the supreme court decisions, reservation cannot be more than 50% of the posts. ..... he has stated that the natives of the islands are those who are born and brought up, having their education and thus, by matrimonial relationship, the condition of local candidate cannot be fulfilled. .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Ernakulam
..... is the office memorandum dated 14.12.1983 the very first para of which reads as under: "the need for attracting and retaining the services of competent officers for service in the north-eastern region comprising the states of assam, meghalaya, manipur, nagaland and tripura and the union territories of arunachal pradesh and mizoram ave been engaging the attention of the government for some time. ..... in response to the aforesaid notice, the 2nd respondent vide the impugned annexure a-5 letter dated 20.11.2007 stated that their earlier annexure a-7 proposal dated 30.3.2004 to the 1st respondent viz, indian council of agricultural research, new delhi for payment of sda to staff posted at regional station at minicoy from outside the region was ..... admittedly, the applicant is a native of kerala state posted in minicoy island. ..... it can hardly be disputed that the geographical, climatic, living and food conditions of people living in north-eastern region and the states comprising therein are different from other regions of the country. ..... in the facts and circumstances stated above the view taken by the tribunal cannot be upheld and deserves to be set aside." 7. ..... the facts in this case are that the applicant is a native of kayamkulam, kerala. ..... to review the existing allowances and facilities admissible to the various categories of civilian central government employees serving in the north eastern region so that competent officers may be attracted and retained in the north eastern region states. .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Ernakulam
..... applicant has field rejoinder wherein it has been stated that a native of kalpeni was working in the office of asdo, agatti as accountant and the administration could have considered one of the six officers belonging to agatti for the said post. ..... it has further been stated that the applicant is a lone female working as accountant amongst the natives of agatti. ..... as regards grant of leave it has been stated hat respondents has taken action to sanction leave applied for. 3. .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Ernakulam
..... 300/2009 was decided as under: - " the applicant, a native of kerala state entered the services in the palghat division of southern railway in 1980 and in september, 2003, he was promoted as station master gr. .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Ernakulam
..... after considering the position as borne out by the records i am of the view that the interpretation that the term "respective offices" of the central excise department would mean the entire kerala state zone is not a correct one and the same is not in tune with the intention and purport of the scheme for regularisation of casual labourers in group-d post and as such requires to be revised ..... in a position to move from their native place to distant places in the state thereby defeating the very purpose of the ..... between the position that subsists in the passport office and the central excise department which has a number of offices scattered all over the state, with many of the divisional and other field formations not having sanctioned posts at all. ..... that even the seniority of group-d employees in the central excise department is being maintained commissionerate-wise and not state-wise though i have not ascertained the actual position from the respondents. ..... while this could be correct to some extent, it is true that if the seniority at state level has to be adopted for regularisation it would result in considerable hardship to the casual labourers who are initially engaged on local basis from the ..... applicants arises out of the policy in force in the central excise department that the regularisation of temporary casual labourers will be considered based on the initial date of appointment taking the state as a whole based on a common seniority ist instead of taking each office as a unit. .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Ernakulam
..... k b s rajan, judicial member the applicant, a native of kerala state entered the services in the palghat division of southern railway in 1980 and in september, 2003, he was promoted as station master gr. .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Ernakulam
..... the applicant filed rejoinder stating that after his retirement he has shifted residence to his native place trichur and that his present stay at bangalore is temporary to lookafter his daughter who has been advised total bed rest. ..... they stated that the upgradation of the post of assistant law officer is subject to screening process consisting of written examination and viva voce by calling the seniormost law assistant. .....
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